August 3, 2016

Different Types of License Suspensions In Florida

Different Types of License Suspensions In Florida

There are different types of license suspensions in Florida. There are different terms for everything but at the end of the day, the end-result is the same. Your license is suspended.

There is a driver’s license revocation, which is just termination of your privilege to drive, meaning just the license is revoked. There is a driver’s license suspension, called the withdrawal of driving privileges. There is also an administrative suspension, which is the actual department itself, the DMV withdrawing your abilities to drive, and there is also a cancellation which is just delaying a driving privilege.

There are different types but realistically, all comes down to your licenses being suspended. It means there are different ways of getting your license back depending if it’s revoked, suspended, or it’s cancelled.

D6 License Suspension

A D6 license suspension is basically the state of Florida suspending your privilege to drive. The most common reason for the D6 is usually just a failure to pay a traffic ticket.

Other reasons: if someone was convicted of a drug charge or if one failed to do the mandatory alcohol evaluation treatment for a DUI this results in their license being suspended. The only way they can get it back is by either paying that ticket, or doing the course they’re supposed to do. Once done, the judge himself or herself will have to lift the D6 suspension.

FR Suspension Or Financial Responsibility Suspension

An FR suspension stands for Financial Responsibility suspension. The DMV basically states that driving is a privilege, so they promulgated many different ways for your license to be suspended.

In a Financial Responsibility suspension, if you don’t pay a traffic ticket, if you don’t pay a red light camera ticket, if you don’t pay your insurance, if you don’t pay the things that are required for you to be able to drive, the DMV will suspend your license for the financial responsibility and in order to get your license back, you’ll have to pay off everything you own in order for an individual to drive again.

If you need information on the Different Types Of License Suspensions And Their Consequences, call the law office of Blake & Dorsten P.A. for a free initial consultation at (727) 386-6956 and get the information and legal answers you’re seeking.

July 27, 2016

Driving on a Suspended License

by Blake & Dorsten, P.A.

Common Questions About Driving On A Suspended License In Florida

Defending A Driving On A Suspended License Charge In Florida

Pinellas County court has specialized courts that deals strictly with traffic citations, DUIs and license suspension, like driving while license suspended issues. Attorney Nicholas Dorsten and Rex Blake have more than 25 years of combined experience in prosecuting and defending these types of cases.

July 20, 2016

Consequences of Traffic Violations in Florida

by Blake & Dorsten, P.A.

Consequences Of Traffic Violations, And License Suspensions In Florida

Habitual Traffic Offenders In Florida And Their Consequences

A habitual traffic offender is found under statute 322.264. That means that someone receives 3 or more specific traffic violations within a 5-year period. These violations include serious cases such as vehicular manslaughter but they also include any combination of DUI, driving while license suspended, or even if they receive 15 traffic infractions in that period, such as speeding, running red light, no lights on, etc.

If someone picks up two driving while license suspended (DWLSR) within a 5-year period, they are a habitual offender.

Short And Long Term Effects Of Having A Traffic Violation On Your Record

When someone gets a traffic infraction or multiple traffic infractions and they don’t have an attorney deal with them, the short term effects are that their insurance is going to go up costing hundreds or possibly even thousands of extra dollars a year.

Long term effects if you start getting points on your license, you’re putting yourself at risk of a driver’s license suspension. Once your license is suspended, it is considered a criminal charge if you then knowingly drive. License suspensions can be very problematic as you legally can’t drive to work, to visit friends or loved ones or even to maintain the necessities of life. So it is vital that your license is not suspended. The criminal defense lawyers at Blake & Dorsten, P.A. may be able to save your license!

Consequences Of License Suspension For Commercial Drivers

The biggest consequence of a commercial driver’s license suspension is that your actual livelihood is at risk. It is crucial to have a lawyer representing them because one cannot avoid points on their commercial driver’s license (CDL). Any infraction or moving violation you receive as a commercial driver, you are not allowed to get a withhold. The judge must give you points on your CDL which renders many drivers unemployable. The bottom line is unless you have a lawyer fighting for you and getting the ticket dismissed, you will be receiving points on your CDL.

This is the Florida point system, and for commercial drivers who drive for a living, it’s a lot stricter and they are a lot more likely to suspend your CDL or Commercial Driver’s License.

If you are facing a Traffic Violation Or A License Suspension In Florida, call the law office of Blake & Dorsten P.A. for a free initial consultation at (727) 386-6956 and get the information and legal answers you’re seeking.

July 12, 2016

Florida Traffic Tickets, Your questions answered.

by Blake & Dorsten, P.A.

Frequently Asked Questions About Traffic Violation Tickets In Florida

How Long Does Someone Have To File For A Hearing If They’ve Received A Traffic Violation Ticket In Florida

If it’s a basic traffic violation, with very few exceptions, they usually have 30 days. They may still be able to file for a hearing after that time but then they may need to pay an additional fine.

July 7, 2016

Drug Charges in Florida, Part Three of Three

by Blake & Dorsten, P.A.

What Are Punishments For Drug Paraphernalia In Florida?

Drug paraphernalia is a first-degree misdemeanor, and it would technically include anything that was used or that could be used to inject an elicit substance. It could be anything like a pipe from a smoke shop, or even an apple the person had in their fridge if it had been used in a way that was meant to use drugs.

Examples of common objects that are used for paraphernalia include taking insulin needles from a diabetic and using it to inject illicit drugs, or a pipe from a smoke shop and using it to smoke marijuana.

A person can technically be charged with having paraphernalia if they had a spoon with some burn marks that had some heroin residue. The plastic casing of a pen that had been used in some drug activity or an apple that had been used to smoke marijuana can also be considered paraphernalia.

How Does The Prosecution Or Police Go About Proving Something Is Drug Related?

Anybody can have a spoon, but if the spoon had burn marks and heroin residue, then that may be the difference between the spoon and paraphernalia.

Anybody can have a plastic bag but if the plastic bag smelled like drugs, or it looked like it was recently used, it would go to a lab and if they were able to prove there were remnants or traces of drugs, then that plastic bag could be considered paraphernalia.

If somebody made a bong out of an apple and there was marijuana residue in that, then that would also be considered paraphernalia.

What Kind Of Testing Would Be Done?

It would not always have to go to the lab for testing, because obviously if there was a large amount of marijuana found in a car and there were empty plastic bags nearby and a few remnants of marijuana, then without even lab testing, the police officer maybe able to arrest the individual for paraphernalia using defense admissions, portable drug tests or a combination.

Note: This is a four-part series with part one and part two located by clicking on the links.

For more information on Drug Paraphernalia In Saint Petersburg, Florida, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (727) 286-6141 today. Continue reading

June 30, 2016

Questions about Sealing or Expunging your Criminal case in Florida Part Three

by Blake & Dorsten, P.A.

We have previously discussed the most commonly asked questions about expunging your criminal record in Florida. Part one and part two can be found by clicking on the links. The final batch of questions may can be found below.

What Are Some Issues Related To Expungement / Sealing?

What Would Be The Most Common Reason An Application Would Be Denied?

June 21, 2016

Questions about Sealing or Expunging your Criminal case in Florida Part Two

by Blake & Dorsten, P.A.

What Is The Expungement Process? Is There A Waiting Period?

Are Certain Types Of Charges Easier To Expunge Or Have Sealed Or Is It A Standard Process?

It’s mostly a standard process to seal or expunge your record. There are the minor crimes that are eligible to be sealed or expunged. You certainly can’t be adjudicated and your case has to be over, meaning you can’t still be on probation from the offense. Your case must be completed or it must be finished. You must have a withhold of adjudication and it has to be an eligible crime. In case it is, it is recommended getting it sealed or expunged. That way you don’t have that information out there for the public to easily view.

June 15, 2016

Questions about Sealing or Expunging your Criminal case in Florida Part One

by Blake & Dorsten, P.A.

Frequently Asked Questions About The Sealing or Expungement Process

What Is An Expungement?

Expungement is the way to get your arrest accusation or criminal record removed from public viewing. It’s dictated by a Florida statute 943.0585 and Florida statute 943.059 as well as Chapter 11C-7 of Florida Administrative Code. It gives you a one-time shot, one mistake that you had in your past to get eliminated or erased from your record.

June 8, 2016

Drug Charges in Florida: Part two of four

by Blake & Dorsten, P.A.

In part two of the four-part series “Drug charges in Florida”, we talk about “doctor shopping” and “pill mills” and their rapid growth in Florida.

Have Drugs Crimes Become An Issue Recently?

While drugs offenses have always carried serious penalties, the “war on drugs” starting in the ‘70s and ‘80s have greatly increased prison penalties for many drugs. Unlike cocaine or heroin, some drugs like oxycodone have legitimate medical purposes although they are highly addictive and highly regulated.

Where Does The Pill Mill Fall On That Scale?

So called “Pill mill” drugs like Oxycodone are found under Florida Statute 893.03 and the vast majority of them are schedule 2 drugs. This means that if the person basically had even one pill without a valid doctor’s prescription, it would be considered a third-degree felony which could be up to 5 years in prison.

How Is Doctor Shopping Punishable?

“Doctor shopping”, or going to multiple doctors for the purpose of receiving prescription drugs, forged doctor’s prescriptions, prescription fraud among other offenses, the punishment would range anywhere from a second degree misdemeanor to serious felonies.

What Does Doctor Shopping Refer To?

This would refer to the patient hiding an injury, or going to one doctor’s office and not telling the doctor they were being treated from another doctor, and then begging for pills and then going to another doctor’s office and doing the same thing.

Are Doctor Shopping Cases Becoming More Common?

This definitely used to be a problem, but recently the State of Florida and the Gulf Coast, in particular, have been doing some crackdowns, and although it is still a problem, it is not nearly as bad as it used to be up until a few years ago.

For more information on Prescription Drug Crimes , a free initial consultation is your next best step. Get the information and legal answers you’re seeking by clicking on the contact button or by calling (727) 286-6141 today.

June 2, 2016

Drug Charges in Florida: Part one of four

by Blake & Dorsten, P.A.

Facing Drug Charges In Florida? Part one of four…

Useful Information That May Be Helpful In Your Case

Blake & Dorsten, P.A.